Handan Municipal Real Estate Intermediary Service Organization Management (Amended In 2007)

Original Language Title: 邯郸市城市房地产中介服务机构管理办法(2007年修正本)

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(May 6, 2001, 90th Handan people's Government released October 8, 2007, Handan people's Government shall 119th amended) first to strengthen the administration of urban real estate intermediary service institutions, maintaining the order of real estate market, protect the legitimate rights and interests of the parties involved, in accordance with the People's Republic of China on urban real estate administration law, the Handan City real estate transaction control and related laws, rules and regulations, combined with the city's actual, these measures are formulated.
    Second real estate brokerage services in the administrative area of the city within the real estate consulting, real estate appraisal, real estate brokerage, real estate agency services, shall be subject to these measures.
    Article city, real estate agency services, real estate management Department is the management of the Department and is responsible for Hanshan district, congtaiqu and Fuxing District real estate intermediary service organization management.
    Counties (cities), fengfeng mining district real estate management Department is responsible for the management of the real estate intermediary service organization within the administrative area, business guided by the municipal real estate administration.
    Fourth estate agents services departments should establish a sound internal management system, through the establishment of real estate industry association and strengthen industry self-regulation approach, supporting healthy and orderly development of intermediary service institutions.
    Article fifth real estate consulting, real estate appraisal, real estate brokerage personnel, should be in accordance with the provisions of the relevant laws, rules and regulations, obtain the appropriate qualifications. Sixth engaged in real estate business, shall establish appropriate real estate agency services.
    Real estate agency services, is an independent legal personality of the organization. Seventh article established real estate brokers, and advisory institutions should has following conditions: (a) has himself of name, and organization institutions, and articles and sound of financial system and charges management system; (ii) has fixed of service places; (three) engaged in real estate advisory business of, has real estate and the related professional medium above degree, and primary above professional technology titles personnel must accounted for total number of 50% above; engaged in real estate valuation business of, must has provides number of registered real estate valuation Division; engaged in real estate brokers business of,
    Must have the required number of registered real estate agent or real estate broker associate qualification of personnel.
    Real estate appraisal institutions established under article eighth, shall, in accordance with the Ministry of construction of the real estate agency regulation stipulates the conditions, obtain the appropriate qualification of real estate appraisal institutions, parties can operate. Establishment of real estate consulting and brokerage institutions, shall be filed with the local industrial and commercial administrative departments applying for establishment registration.
    Real estate consulting and brokerage institutions, within one month after registration, should be to the property management Department. Nineth property management departments should annually check condition of intermediary agencies of real estate professionals, and published in the beginning of each year to check lists of qualified real estate intermediary service organization.
    Failed to pass the inspection and shall not engage in real estate business. Tenth article is following case one of of housing, real estate brokers institutions shall not accepted client delegate, broker agent real estate transfer business: (a) has was court seized, and freeze of; (ii) in law announcement demolition, and transformation range within of; (three) has mortgage and without mortgage right people agreed of; (four) not law registration received housing ownership certificate of; (five) total housing not made total people agreed of; (six) rental housing tenant people not gave up priority purchase right of; (seven) illegal building; (eight) by identification belongs to
    Dangerous buildings, and (IX) laws and regulations prohibiting the transfer of the other houses. 11th real estate agent service personnel undertake business, accepted by their intermediary service contracts with clients.
    Contract by the municipal real estate administration in collaboration with the municipal administration for industry and Commerce formulate uniform.
    12th real estate agency service contract shall include the following main elements: (a) the name, domicile of the parties, (ii) the name of intermediary services, content, requirements and standards, (iii) the contract; (iv) fee amount and method of payment, time; (e) breach of contract and dispute resolution (vi) agreed by the parties to other content.
    13th real estate staff carry out their business on demand access to client information and documents, and check out live, the principal shall assist.
    14th article real estate intermediary service institutions and practitioners in real estate intermediary service activities in the shall not has following behavior: (a) directly engaged in real estate Huff business; (ii) violation work program and price standard for real estate price assessment; (three) fraud, deliberately raised or down standard of real of value or price; (four) obtained, and received delegate contract agreed yiwai of property, or using work of will, seek other not due interests; (five) and party party collusion, damage another party party interests;
    (Vi) other behaviors prohibited by laws and regulations.
    15th without corresponding real estate agent qualifications without authorization to engage in real estate business, managed by the Housing Department in accordance with the relevant provisions of the Ministry of punishment.
    16th article violates these measures stipulated in article tenth and 14th, managed by the real estate departments to confiscate their illegal income, and fined 1000 Yuan fine.
    17th property management staff in the management of intermediary agencies of real estate abuse abuse, malpractice, sanctions by the unit or by the competent Department constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 18th real estate intermediary service organization or person does not accept the decision on administrative penalty may apply for administrative reconsideration or bring a lawsuit.
                                            19th article this way come into force on June 1, 2001.

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